Millions of people are injured every year because of medical malpractice, but you may be surprised to know that only 2% of those people actually make a claim for compensation.


The problem is that many people want to make a claim, but they don’t know where to start. This is understandable. Making a claim can feel like a very daunting prospect. Here, we’ll give you the initial steps you need take, so you know what to expect and where to start.


Contact the Medical Provider Involved


First, you’ll need to contact your medical provider. In most cases, doctors are willing to perform services to remedy your situation.


By contacting your medical provider directly, you are giving yourself and the medical provider the best opportunity to provide a solution, and to get a clear understanding of what went wrong.


Contact the Medical Licensing Board


If reaching out to your medical provider doesn’t bring you results, your next step will be to get in touch with the right medical licensing board. They can discipline practitioners and issue warnings. Although they won’t be able to provide you with any compensation, it will strengthen your claim if they acknowledge the fault with your practitioner.


Get a Medical Assessment


Many states require you to file a “certificate of merit” before making a claim. This is to make sure that the injuries you suffered actually resulted from negligence.


Negligence is when a medical professional failed to provide proper care. This includes but is not limited to:


  • A misdiagnosis
  • An incorrect prescription
  • Injury during surgery
  • A missed diagnosis


According to law, negligence is based on whether you would have received the same standard of care from another medical professional under similar circumstances.


To file a certificate of merit, you’ll first need to contact an independent medical expert, for example, a physician. The medical expert will then look over your medical records to determine whether the medical provider in question was indeed negligent and, as a result, caused your injuries.


Once you receive your certificate of merit, your attorney will then file it. This confirms that you have spoken to a medical expert and your action has merit.


Getting Help From An Attorney


It can be very difficult to prove a medical malpractice claim.  The law requires some very specific steps be taken. You do not have to do it alone.  Our attorneys are here to guide you every step of the way. They will help you determine if you have a case and help you avoid the pitfalls that could threaten the success of your claim.


Do not hesitate to contact Diez-Arguelles & Tejedor today for a confidential assessment.  Call now 1-888-888-3773. The consultation and calls are FREE.